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• Do Not Dismiss Petition U/Article 227 Of Constitution Merely Because Remedy Of Revision U/Sec 115 CPC Is Available : Supreme Court
• The Supreme Court set aside an Allahabad High Court order that dismissed a petition under Article 227 of the Constitution merely on is not maintainable as remedy by way of revision under Section 115 CPC is available.
• There is a difference and distinction between the entertainability and maintainability, the bench of Justices MR Shah and Krishna Murari observed
• The remdedy under Article 227 of the Constitution of India available is a constitutional remedy under the Constitution of India which cannot be taken away. In a given case the Court may not exercise the power under Article 227 of the Constitution of India if the Court is of the opinion that the aggrieved party has another efficacious remedy availab...
• Constitution of India, 1950 ; Article 227 - Code of Civil Procedure, 1908 ; Section 115 - Appeal against HC order dismissing writ petition under Article 227 on the ground of availability of remedy of revision under Section 115 CPC - Allowed - Where there is availability of remedy under Section 115 CPC normally the petition under Article 227 would n...

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